In a Regular Second Appeal regarding property succession, the appellant filed a memo requesting leave to withdraw the appeal due to an amicable settlement reached in a foreign suit filed between the parties. The High Court recorded the memo and dismissed the appeal as withdrawn.
Leave was given to dismiss the Regular Second Appeal as withdrawn by the Appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:38695 RSA No. 648 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 648 OF 2020 (PAR)
BETWEEN:
S/O. LATE MARISIDDAIAH,
AGED ABOUT 73 YEARS,
R/O DODDATHIMMAIAHANAPALYA, PEMMANAHALLI MAJARE, URDIGERE HOBLI - 572 140, TUMAKURU TALUK AND DISTRICT.
S/O. LATE MARISIDDAIAH, AGED ABOUT 70 YEARS,
Digitally signed by V KRISHNA Location: High Court of Karnataka
R/O DODDATHIMMAIAHANAPALYA, PEMMANAHALLI MAJARE,
URDIGERE HOBLI - 572 140, TUMAKURU TALUK AND DISTRICT.
…APPELLANTS
(BY SRI. S.V. PRAKASH, ADVOCATE)
AND:
NC: 2023:KHC:38695 RSA No. 648 of 2020
TUMAKURU TALUK AND DISTRICT.
JAYAMMA W/O GANGAPPA, SINCE DEAD BY HER LEGAL HEIRS
NC: 2023:KHC:38695 RSA No. 648 of 2020
PRESENTLY NOW AT R/O DODDATHIMMAIAHANAPALYA, PEMMANAHALLI MAJARE, URDIGERE HOBLI - 572 140, TUMAKURU TALUK AND DISTRICT.
7. SUJATHA,
D/O. LATE GANGEERAMMA, AGED ABOUT 55 YEARS, PRESENTLY NOW AT R/O DODDATHIMMAIAHANAPALYA, PEMMANAHALLI MAJARE, URDIGERE HOBLI - 572 140, TUMAKURU TALUK AND DISTRICT.
D/O. LATE GIRIJAMMA, AGED ABOUT 38 YEARS, R/O KODIGENAHALLI, URDIGERE HOBLI - 572 140, TUMAKURU TALUK AND DISTRICT.
D/O. LATE GIRIJAMMMA, AGED ABOUT 36 YEARS, R/O KODIGENAHALLI, URDIGERE HOBLI - 572 140, TUMAKURU TALUK AND DISTRICT.
10. NAGARAJ,
S/O. LATE GIRIJAMMA, AGED ABOUT 34 YEARS, R/O KODIGENAHALLI, URDIGERE HOBLI - 572 140, TUMAKURU TALUK AND DISTRICT.
11. KAMALAMMA,
W/O. C.N. THIMMAPPA, AGED ABOUT 51 YEARS, R/AT D.NO.333, 1ST BLOCK, PEENYA, BENGALURU - 560 058.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 14.10.2019 PASSED IN RA.No.71/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.04.2018 PASSED IN OS.No.496/2004 ON THE FILE OF THE C/C I ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
A memo is filed by the learned counsel for the appellants, duly signed by the appellants, requesting leave of the Court to dismiss the appeal as withdrawn on the ground that the dispute
NC: 2023:KHC:38695 RSA No. 648 of 2020
between the parties is amicably settled in O.S.No.257/2022. A copy of the decree passed in O.S.No.257/2022 is annexed to the memo.
withdrawn.
Sd/JUDGE
HDK List No.: 1 Sl No.: 18 CT: THK
Siddananjaiah
Chikkagangaijah
D.K. Ramaiah
Jayamma
Padmavathi
Hemavathi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
